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The Employer Handbook Blog

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Now, you too can successfully* navigate through an NLRB action

Successfully? Well, I can’t guarantee success, now can I? Especially if you’re an employer, amirite? But, this new Guide to Board Procedures from the National Labor Relations Board will help your attorney better understand Board procedures and processes. Sounds awesome! And, for the rest of you, it’ll help cure your insomnia.…

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The two new bills in Congress that should be on every employer’s radar

After some Monday clickbait and yesterday’s doppelgänger edition, I’d like to be serious with today’s post. ***fart*** You say overtime; I say comp time. Under the Fair Labor Standards Act, when a non-exempt employee works more than 40 hours in a workweek, that employee gets paid overtime at time-and-a-half the regular…

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EXCLUSIVE(ish)! Philly Chamber sues to block new law banning job interview questions about salary history

Earlier this year, Philadelphia passed a law banning employers from asking about a job applicant’s salary history. In that blog post, I foreshadowed a possible lawsuit from business groups to block the law, which would otherwise take effect on May 23. Early Thursday morning, Philly.com’s Tricia L. Nadolny reported here that the…

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What went down at the EEOC Meeting on the State of the Workforce and the Future of Work?

So, glad you asked. In a nutshell, the consensus was that training, vocational and apprenticeship programs are essential to creating more employment opportunities for workers. While technology and removing barriers for folks with disabilities could create more opportunities for more educated workers; one panelist cited President Trump’s push for infrastructure investment as…

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A federal appellate court finally recognizes LGBT rights at work

The trailblazing Seventh Circuit Court of Appeals achieved a monumental result. And it only took 53 years after the enactment of Title VII of the Civil Right Act of 1964. Below, I have a breakdown of yesterday’s historic decision in Hively v. Ivy Tech Community College. Let’s start with the court’s…

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How the heck does a plaintiff without a disability go to trial on her ADA claims?!?

The biggest impact on employers, when the Americans with Disabilities Act Amendments Act took effect on January 1, 2009, was to downplay whether an employee actually had a disability, and get businesses focusing more on whether there existing a reasonable accommodation that would permit an employee to perform the essential functions…

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Did HR do a bus driver with a disability dirty? How you can avoid the same apparent mistake.

Not cool, dude. Hatter v. WMATA (opinion here) involves an individual with sleep apnea who applied for a bus driver position. He got the job conditionally, but later had the offer rescinded. What happened?!? Well, the offer was rescinded because the plaintiff chose not to submit sleep apnea test results to…

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Ok, I’ll bite. Why did Cracker Barrel fire Brad’s wife?

In case you haven’t heard, Cracker Barrel fired Brad’s wife — or so we’re told. And, the internet is losing it’s you-know-what. If you’re late to the party, and don’t have a clue what I’m talking about, read these posts: Why did Cracker Barrel fire Brad’s wife? The Internet demands…